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An appeals court on Thursday reversed a repeat felon's 2011 rape conviction in Schenectady because the jury deliberated without all members present.

Richard Cridelle, 44, also was convicted by a juror the trial judge found to be "grossly unqualified to serve." That juror — identified as Juror #4 — remained even after Visiting Schenectady County Judge Richard Giardino did not believe the juror could give the defendant or prosecutor a fair trial and wanted the person removed, according to the decision from the Appellate Division of state Supreme Court.

Juror #4 missed "slightly more than an hour" of the deliberations, a fact that surfaced when the juror had no knowledge of a heated discussion in the jury room, the decision stated.

"Even assuming that we discerned no impropriety with respect to juror No. 4's continued service on the jury, we nonetheless would be compelled to reverse defendant's conviction and order a new trial, as it is readily apparent from the record that the jury deliberated — on at least one occasion — with fewer than 12 members present," wrote Appellate Justice John Egan in the opinion. Justices Robert Rose, Elizabeth Garry and Edward Spain concurred.

Cridelle, of Schenectady, has been serving a 20-year sentence at Green Haven Correctional Facility after being convicted of raping a crack-addicted prostitute on May 27, 2010. He has prior convictions for selling drugs and burglary.

Cridelle's defense argued at trial that he engaged in consensual sex with the woman after picking her up near Albany and Backus streets. She said he slapped her around and raped her in his home.

Cridelle called a cab for the woman and, as she was leaving his home, allegedly told her: "Bet you won't get back in my car," the appellate decision said.

Jurors convicted Cridelle of first-degree rape and unlawful imprisonment. The case was sent back to Schenectady County Court for a new trial.